New technologies and warfare

IRRC No. 886

Recent scientific and technical progress has given rise to unprecedented means and methods of warfare. Technologies that only yesterday were in the realm of science fiction have the potential to cause catastrophes tomorrow. Other recent developments, however, could not only limit civilian losses, but also spare the lives of combatants. Certain features of these new technologies raise unprecedented issues that make the legality of an attack more difficult to ascertain, and the attribution of responsibility more complex. In this issue of the Review, various ethics, legal, scientific, and military experts focus on contemporary technological developments and their consequences, and discuss the issues they raise for humanitarian law and action.

Table of contents

In Greek mythology, the parable of Icarus illustrates the human desire to always go farther at the risk of colliding with the limitations of our nature. It also evokes the ambiguity of our thirst for knowledge and progress. Icarus and his father Daedalus are attempting to flee their enemy in Crete in order to reach Greece. Daedalus has the idea of fashioning wings, like those of birds, from wax and feathers. Intoxicated by flight, Icarus forgets his father’s cautionary advice and flies too close to the sun. The heat melts the wax of his artificial wings, they crumble, and Icarus plunges into the sea and perishes. Vincent Bernard, Editor-in-Chief

In this interview, Peter Singer explains to what extent and how new technologies change the way we think about going to war and the way we conduct war, as well as how they will impact the work of humanitarian actors. He shares his vision for the future, analyzing both the ethical and legal challenges that access to new advanced technologies poses and the opportunities it offers. Peter W. Singer, Political scientist and Strategist for the New America Foundation

The increasing complexity of weapon systems requires an interdisciplinary approach to the conduct of weapon reviews. Developers need to be aware of international humanitarian law principles that apply to the employment of weapons. Lawyers need to be aware of how a weapon will be operationally employed and use this knowledge to help formulate meaningful operational guidelines. Alan BackstromIan Henderson

Attacking from a distance is nothing new, but with the advent of certain new technologies, attacks can be undertaken in which the attacker remains very remote from the scene where force will be employed. This article analyses the legal issues raised by attacks employing, respectively, remotely piloted vehicles, autonomous attack technologies, and cyber capabilities. William Boothby, Retired Deputy Director of Legal Services (Royal Air Force)

This article considers the recent literature concerned with establishing an international prohibition on autonomous weapon systems. It seeks to address concerns expressed by some scholars that such a ban might be problematic for various reasons. It argues in favour of a theoretical foundation for such a ban based on human rights and humanitarian principles that are not only moral, but also legal ones. Peter Asaro, Philosopher of science, technology and media

While highly entertaining escapism for millions of players, some video games create the impression that prohibited acts, such as torture and extrajudicial killing are standard behaviour. The authors argue that further integration of international humanitarian law (IHL) can improve knowledge of the rules of war among millions of players, including aspiring recruits and deployed soldiers. Ben ClarkeChristian RouffaerFrançois Sénéchaud

This article shows how analysis of satellite imagery has been able to provide investigators with independent, verifiable, and compelling evidence of serious violations of international humanitarian law. It also examines the important limitations to such imagery based analysis. Joshua Lyons, Satellite imagery analyst at Human Rights Watch (HRW)

This article analyses the jus in bello proportionality standard under international humanitarian law to assist judge advocates and practitioners in achieving a measure of clarity as to what constitutes ‘excessive’ collateral damage when planning or executing an attack on a legitimate military objective when incidental harm to civilians is expected. Jason D. Wright, US military lawyer